Nonliquidation Reason. By: ------------------------------------- (authorized signer) Issuer: Address: Date: Custodian The Bank of New York Please acknowledge the execution of the above request by your signature and date below: Signature Date Documents returned to Custodian: Custodian Date EXHIBIT F-1 FORM OF TRUSTEE'S OR CUSTODIAN'S INITIAL CERTIFICATION SEE EXHIBIT 2A TO THE CUSTODIAL AGREEMENT EXHIBIT F-2 FORM OF TRUSTEE'S FINAL CERTIFICATION SEE EXHIBIT 2B TO THE CUSTODIAL AGREEMENT EXHIBIT F-3 FORM OF RECEIPT OF MORTGAGE NOTE [Bank of New York Letterhead] ACKNOWLEDGMENT OF RECEIPT July 7, 2004 U.S. Bank National Association, as Trustee for C-BASS Mortgage Loan Asset-Backed Certificates, Series 2004-C43 60 Livingston Ave, EP-MN-WS3D St. Xxxx, Xxxxxxxxx 55101-2292 Re: Custodial Agreement dated as of June 1, 2004 among U.S. Bank National Association, as Trustee, Litton Loan Servicing LP, as Servicer, and The Bank of New York, as Custodian Ladies and Gentlemen: In accordance with the provisions of Section 4 of the above-referenced Custodial Agreement, the undersigned, as the Custodian, hereby certifies as to each Mortgage Loan in the Mortgage Schedule that (i) it has received the original Mortgage Note with respect to each Mortgage Loan identified in the Mortgage Loan Schedule attached hereto as Exhibit A and (ii) such Mortgage Note has been reviewed by it and appears regular on its face and relates to such Mortgage Loan. The Custodian makes no representations as to (i) the validity, legality, enforceability, sufficiency, due authorization or genuineness of any of the documents contained in each Custodial File or of any of the Mortgage Loans or (ii) the collectability, insurability, effectiveness or suitability of any such Mortgage Loan. The Custodian hereby confirms that it is holding each such Mortgage Note as agent and bailee of, and custodian for the exclusive use and benefit, and subject to the sole direction of the Trustee pursuant to the terms and conditions of the Custodial Agreement. This Acknowledgment of Receipt is not divisible or negotiable. The Custodian will accept and act on instructions with respect to the Mortgage Loans subject hereto upon surrender of this Trust Receipt and Initial Certification at the office of the Subcustodian at Bank of New York Western Trust Company, 700 South Flower Street, Suite 200, Xxx Xxxxxxx, Xxxxxxxxxx 00000, Xxxxxxxxx: Xxxxxxxx Xxxxxx. Capitalized terms used herein shall have the meaning ascribed to them in the Custodial Agreement. THE BANK OF NEW YORK, as Custodian By: ------------------------------------ EXHIBIT G FORM OF MORTGAGE LOAN PURCHASE AGREEMENT G-1 ============================================================================== EXECUTION COPY J.P. MORGAN ACCEPTANCE CORPORATION X as Purchaser and CREDIT-BASED ASSET SERVICING AND SECURITIZATION LLC as Seller MORTGAGE LOAN PURCHASE AGREEMENT Fixed Rate and Adjustable Rate Mortgage Loans C-BASS Mortgage Loan Asset-Backed Certificates, 2004-CB4 Dated as of June 1, 2004 ============================================================================== TABLE OF CONTENTS Page ARTICLE I
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (C-Bass MTG Ln as Bk Cert Ser 2004-Cb4), Pooling and Servicing Agreement (C-Bass MTG Ln as Bk Cert Ser 2004-Cb4)
Nonliquidation Reason. By: ------------------------------------- :________________________ (authorized signer) Issuer: Address: Date: Custodian The Bank of New York Please acknowledge the execution of the above request by your signature and date below: Signature Date Documents returned to Custodian: Custodian Date EXHIBIT F-1 FORM OF TRUSTEE'S OR CUSTODIAN'S INITIAL CERTIFICATION SEE EXHIBIT 2A TO THE CUSTODIAL AGREEMENT AVAILABLE UPON REQUEST EXHIBIT F-2 FORM OF TRUSTEE'S FINAL CERTIFICATION SEE EXHIBIT 2B TO THE CUSTODIAL AGREEMENT AVAILABLE UPON REQUEST EXHIBIT F-3 FORM OF RECEIPT OF MORTGAGE NOTE [Bank of New York LetterheadBANK OF NEW YORK LETTERHEAD] ACKNOWLEDGMENT OF RECEIPT July 7October 29, 2004 U.S. Bank National Association, as Trustee for C-BASS Mortgage Loan Asset-Backed Certificates, Series 2004-C43 CB7 60 Livingston AveXxxxxxxxxx Xxx, EP-MN-WS3D St. XxxxPxxx, Xxxxxxxxx Minnesota 55101-2292 Re: Custodial Agreement dated as of June October 1, 2004 among U.S. Bank National Association, as Trustee, Litton Lxxxxx Loan Servicing LP, as Servicer, and The Bank of New York, as Custodian Ladies and Gentlemen: In accordance with the provisions of Section 4 of the above-referenced Custodial Agreement, the undersigned, as the Custodian, hereby certifies as to each Mortgage Loan in the Mortgage Schedule that (i) it has received the original Mortgage Note with respect to each Mortgage Loan identified in the Mortgage Loan Schedule attached hereto as Exhibit A and (ii) such Mortgage Note has been reviewed by it and appears regular on its face and relates to such Mortgage Loan. The Custodian makes no representations as to (i) the validity, legality, enforceability, sufficiency, due authorization or genuineness of any of the documents contained in each Custodial File or of any of the Mortgage Loans or (ii) the collectability, insurability, effectiveness or suitability of any such Mortgage Loan. The Custodian hereby confirms that it is holding each such Mortgage Note as agent and bailee of, and custodian for the exclusive use and benefit, and subject to the sole direction of the Trustee pursuant to the terms and conditions of the Custodial Agreement. This Acknowledgment of Receipt is not divisible or negotiable. The Custodian will accept and act on instructions with respect to the Mortgage Loans subject hereto upon surrender of this Trust Receipt and Initial Certification at the office of the Subcustodian at Bank of New York Western Trust Company, 700 South Flower StreetXxxxx Xxxxxx Xxxxxx, Suite 200Xxxxx 000, Xxx Xxxxxxx, Xxxxxxxxxx 00000, XxxxxxxxxAttention: Xxxxxxxx Rxxxxxxx Xxxxxx. Capitalized terms used herein shall have the meaning ascribed to them tot hem in the Custodial Agreement. THE BANK OF NEW YORKXXX XXXX XX XXX XXXX, as Custodian By: ------------------------------------ _________________________ EXHIBIT G FORM OF MORTGAGE LOAN PURCHASE AGREEMENT G-1 ============================================================================== EXECUTION COPY J.P. MORGAN ACCEPTANCE CORPORATION X as Purchaser and CREDIT-BASED ASSET SERVICING AND SECURITIZATION LLC as Seller MORTGAGE LOAN PURCHASE AGREEMENT Fixed Rate and Adjustable Rate Mortgage Loans C-BASS Mortgage Loan Asset-Backed Certificates, 2004-CB4 Dated as of June 1, 2004 ============================================================================== TABLE OF CONTENTS Page ARTICLE IAGREEMENT
Appears in 1 contract
Nonliquidation Reason. By: ------------------------------------- ------------------------------------ (authorized signersignatory) Issuer: -------------------------------- Address: ------------------------------- Date: ---------------------------------- Custodian The Bank of New York JPMorgan Chase Bank, N.A. Please acknowledge the execution of the above request by your signature and date below: ------------------------------------- ---------------------------------------- Signature Date Documents returned to Custodian: ---------------------------------------- Custodian Date EXHIBIT F-1 M FORM OF TRUSTEE'S OR CUSTODIAN'S INITIAL CERTIFICATION SEE EXHIBIT 2A TO THE CUSTODIAL AGREEMENT EXHIBIT F-2 FORM OF TRUSTEE'S FINAL CERTIFICATION SEE EXHIBIT 2B TO THE CUSTODIAL AGREEMENT EXHIBIT F-3 FORM OF RECEIPT OF MORTGAGE NOTE TRANSFEREE ERISA REPRESENTATION LETTER [DATE] The Bank of New York Letterhead] ACKNOWLEDGMENT OF RECEIPT July 7Trust Company, 2004 U.S. Bank National AssociationN.A. 000 Xxxxxx, as Trustee for C16th Floor Houston, TX 77002 Attn: Corporate Trust Services/CMFT 2007-BASS A1 Chase Mortgage Loan AssetFinance Corporation 000 Xxxx Xxxxxxxxx, Third Floor Woodcliff Lake, New Jersey 07675 Re: Chase Mortgage Finance Trust Series 2007-Backed A1, Multi-Class Mortgage Pass-Through Certificates, Series 20042007-C43 60 Livingston AveA1, EP[CLASS B- ] Ladies and Gentlemen: ______________ (the "Purchaser") intends to purchase from _________________________ (the "Transferor") $_______ by original principal balance (the "Transferred Certificate") of Chase Mortgage Finance Trust Series 2007-MNA1, Multi-WS3D St. XxxxClass Mortgage Pass-Through Certificates, Xxxxxxxxx 55101Series 2007-2292 Re: Custodial Agreement A1, [CLASS B-__] (the "Certificates"), issued pursuant to a pooling and servicing agreement, dated as of June February 1, 2004 2007 (the "Pooling and Servicing Agreement"), among U.S. Bank National AssociationChase Mortgage Finance Corporation (the "Depositor"), JPMorgan Chase Bank, N.A. ("Chase"), as Trustee, Litton Loan Servicing LP, as servicer (the "Servicer") and Custodian, and The Bank of New York, as Custodian Ladies and Gentlemen: In accordance with the provisions of Section 4 of the above-referenced Custodial Agreement, the undersigned, as the Custodian, hereby certifies as to each Mortgage Loan in the Mortgage Schedule that (i) it has received the original Mortgage Note with respect to each Mortgage Loan identified in the Mortgage Loan Schedule attached hereto as Exhibit A and (ii) such Mortgage Note has been reviewed by it and appears regular on its face and relates to such Mortgage Loan. The Custodian makes no representations as to (i) the validity, legality, enforceability, sufficiency, due authorization or genuineness of any of the documents contained in each Custodial File or of any of the Mortgage Loans or (ii) the collectability, insurability, effectiveness or suitability of any such Mortgage Loan. The Custodian hereby confirms that it is holding each such Mortgage Note as agent and bailee of, and custodian for the exclusive use and benefit, and subject to the sole direction of the Trustee pursuant to the terms and conditions of the Custodial Agreement. This Acknowledgment of Receipt is not divisible or negotiable. The Custodian will accept and act on instructions with respect to the Mortgage Loans subject hereto upon surrender of this Trust Receipt and Initial Certification at the office of the Subcustodian at Bank of New York Western Trust Company, 700 South Flower StreetN.A., Suite 200as trustee (the "Trustee") and paying agent. [THE PURCHASER INTENDS TO REGISTER THE TRANSFERRED CERTIFICATE IN THE NAME OF ____________________, Xxx Xxxxxxx, Xxxxxxxxxx 00000, Xxxxxxxxx: Xxxxxxxx Xxxxxx. Capitalized AS NOMINEE FOR __________________.] All terms used and not otherwise defined herein shall have the meaning ascribed to them meanings set forth in the Custodial Pooling and Servicing Agreement. THE BANK OF NEW YORKFor good and valuable consideration, as Custodian By: ------------------------------------ EXHIBIT G FORM OF MORTGAGE LOAN PURCHASE AGREEMENT G-1 ============================================================================== EXECUTION COPY J.P. MORGAN ACCEPTANCE CORPORATION X as Purchaser the receipt and CREDIT-BASED ASSET SERVICING AND SECURITIZATION LLC as Seller MORTGAGE LOAN PURCHASE AGREEMENT Fixed Rate sufficiency of which is hereby acknowledged, we hereby certify, represent and Adjustable Rate Mortgage Loans C-BASS Mortgage Loan Asset-Backed Certificateswarrant to, 2004-CB4 Dated as of June 1and covenant with, 2004 ============================================================================== TABLE OF CONTENTS Page ARTICLE Ithe Depositor that we:
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2007-A1)
Nonliquidation Reason. [SIGNATURES ON FOLLOWING PAGE] Servicer: Xxxxx Fargo Home Mortgage, Inc. By: ------------------------------------- ---------------------------------------- (authorized signer) Issuer: Address: Legal Dept. - MACX 2401-06T 1 Home Campus Xxx Xxxxxx, Xxxx 00000 Date: --------------------------------------- Custodian The Bank of New York Wachovia Bank, National Association Please acknowledge the execution of the above request by your signature and date below: --------------------------------- --------------------------- Signature Date Documents returned to Custodian: --------------------------------- --------------------------- Custodian Date EXHIBIT F-1 FORM OF TRUSTEE'S OR CUSTODIAN'S INITIAL CERTIFICATION SEE EXHIBIT 2A TO THE CUSTODIAL AGREEMENT EXHIBIT F-2 FORM OF TRUSTEE'S FINAL CERTIFICATION SEE EXHIBIT 2B TO THE CUSTODIAL AGREEMENT EXHIBIT F-3 FORM OF RECEIPT OF MORTGAGE NOTE [_________, 20__ Asset Backed Funding Corporation Bank of New York Letterhead] ACKNOWLEDGMENT OF RECEIPT July 7America Corporate Center 000 Xxxxx Xxxxx Xxxxxx Charlotte, 2004 U.S. North Carolina 28255 Xxxxx Fargo Home Mortgage, Inc. Legal Department - MAC X2401-06T 1 Home Campus Xxx Xxxxxx, Xxxx 00000 Xxxxx Fargo Bank Minnesota, National AssociationAssociation 0000 Xxx Xxxxxxxxx Xxxx Xxxxxxxx, as Trustee for CXxxxxxxx 00000 Attention: Client Manager - ABFC 2002-BASS WF2 Re: ABFC 2002-WF2 Trust Mortgage Loan Asset-Backed Certificates, Series 20042002-C43 60 Livingston Ave, EP-MN-WS3D St. Xxxx, Xxxxxxxxx 55101-2292 ReWF2 Ladies and Gentlemen: Custodial Agreement dated as of June 1, 2004 among U.S. Bank National AssociationThe undersigned, as Trustee, Litton Loan Servicing LP, as Servicer, and The Bank of New York, as Custodian Ladies and Gentlemen: In accordance with the provisions of Section 4 of the above-referenced Custodial Agreement, the undersigned, as the Custodian, hereby certifies that except as to each Mortgage Loan in noted on the Mortgage schedule of exceptions attached hereto as Schedule that (i) A, it has received the original a Mortgage Note File with respect to each Mortgage Loan identified in listed on the Mortgage Loan Schedule attached hereto as Exhibit A and D to the Agreement (ii) such Mortgage Note has been reviewed by it and appears regular on its face and relates to such Mortgage Loan. The Custodian makes no representations as to (i) the validitydefined below), legality, enforceability, sufficiency, due authorization or genuineness of any of the documents contained in which contains each Custodial File or of any of the Mortgage Loans or Loan Documents required to be included in the Mortgage File, as set forth in Section 2.01 of the Pooling and Servicing Agreement (ii) the collectability"Agreement"), insurabilitydated as of September 1, effectiveness or suitability of any such Mortgage Loan. The Custodian hereby confirms that it is holding each such Mortgage Note 2002, among Asset Backed Funding Corporation, as agent and bailee ofdepositor, Xxxxx Fargo Home Mortgage, Inc., as servicer, Xxxxx Fargo Bank Minnesota, National Association, as securities administrator, and custodian for the exclusive use and benefit, and subject to the sole direction of the Trustee pursuant to the terms and conditions of the Custodial Agreement. This Acknowledgment of Receipt is not divisible or negotiable. The Custodian will accept and act on instructions with respect to the Mortgage Loans subject hereto upon surrender of this Trust Receipt and Initial Certification at the office of the Subcustodian at Bank of New York Western Trust Company, 700 South Flower Street, Suite 200, Xxx Xxxxxxx, Xxxxxxxxxx 00000, Xxxxxxxxx: Xxxxxxxx Xxxxxx. Capitalized terms used herein shall have the meaning ascribed to them in the Custodial Agreement. THE BANK OF NEW YORKundersigned, as Custodian By: ------------------------------------ EXHIBIT G FORM OF MORTGAGE LOAN PURCHASE AGREEMENT G-1 ============================================================================== EXECUTION COPY J.P. MORGAN ACCEPTANCE CORPORATION X as Purchaser and CREDIT-BASED ASSET SERVICING AND SECURITIZATION LLC as Seller MORTGAGE LOAN PURCHASE AGREEMENT Fixed Rate and Adjustable Rate Mortgage Loans C-BASS Mortgage Loan Asset-Backed Certificates, 2004-CB4 Dated as of June 1, 2004 ============================================================================== TABLE OF CONTENTS Page ARTICLE Itrustee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Asset Backed Funding Corp)
Nonliquidation Reason. By: ------------------------------------- -------------------------------- (authorized signer) Issuer: -------------------------------- Address: -------------------------------- -------------------------------- Date: Custodian -------------------------------- Trustee The Chase Manhattan Bank of New York Please acknowledge the execution of the above request by your signature and date below: ---------------------------- ----------------------- Signature Date Documents returned to CustodianTrustee: Custodian ---------------------------- ----------------------- Trustee Date EXHIBIT F-1 G-1 FORM OF TRUSTEE'S OR CUSTODIAN'S INITIAL CERTIFICATION SEE EXHIBIT 2A TO THE CUSTODIAL AGREEMENT EXHIBIT F-2 FORM OF TRUSTEE'S FINAL CERTIFICATION SEE EXHIBIT 2B TO THE CUSTODIAL AGREEMENT EXHIBIT F-3 FORM OF RECEIPT OF MORTGAGE NOTE TRUSTEE [date] Greenwich Capital Acceptance, Inc. 000 Xxxxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxxxxx 00000 Fifth Third Bank of New York Letterhead] ACKNOWLEDGMENT OF RECEIPT July 700 Xxxxxxxx Xxxxxx Xxxxx Xxxxxxxxxx, 2004 U.S. Bank National Association, as Trustee for C-BASS Mortgage Loan Asset-Backed Certificates, Series 2004-C43 60 Livingston Ave, EP-MN-WS3D St. Xxxx, Xxxxxxxxx 55101-2292 XX 00000 Re: Custodial Pooling and Servicing Agreement dated as of June December 1, 2004 2000, among U.S. Bank National AssociationGreenwich Capital Acceptance, Inc., as Depositor, Fifth Third Bank, as Servicer, Fifth Third Mortgage Company, as Seller, and The Chase Manhattan Bank, as Trustee, Litton Fifth Third Bank Mortgage Loan Servicing LPTrust, as Servicer, and The Bank of New York, as Custodian Series 2000-FTB1 Ladies and Gentlemen: In accordance with the provisions of Section 4 2.01 of the above-referenced Custodial captioned Pooling and Servicing Agreement, the undersigned, as the CustodianTrustee, hereby certifies that, except as listed in the following paragraph, as to each Mortgage Loan in the Mortgage Schedule that (i) it has received the original Mortgage Note with respect to each Mortgage Loan identified listed in the Mortgage Loan Schedule Schedules (other than any Mortgage Loan paid in full or listed on the attached hereto as Exhibit A and Document Exception Report) it has received:
(iii) the original Mortgage Note, endorsed by Fifth Third Mortgage Company (the "Seller"), or by the originator of such Mortgage Note has been reviewed by it Loan, without recourse in blank or in the following form: "Pay to the order of The Chase Manhattan Bank, as Trustee under the Pooling and Servicing Agreement, dated as of December 1, 2000, Fifth Third Bank Mortgage Loan Trust, Series 2000-FTB1 without recourse", with all intervening endorsements that show a complete chain of endorsement from the originator to the Seller. Based on its review and examination and only as to the foregoing document, such document appears regular on its face and relates related to such Mortgage Loan. The Custodian Trustee has made no independent examination of any documents contained in each Mortgage File beyond the review specifically required in the above-referenced Pooling and Servicing Agreement. The Trustee makes no representations as to to: (i) the validity, legality, enforceability, sufficiency, due authorization enforceability or genuineness of any of the documents contained in each Custodial the Mortgage File or of any of the Mortgage Loans identified on the Mortgage Loan Schedules, or (ii) the collectabilitycollectibility, insurability, effectiveness or suitability of any such Mortgage Loan. The Custodian hereby confirms that it is holding each such Mortgage Note as agent * * * Capitalized words and bailee of, and custodian for the exclusive use and benefit, and subject to the sole direction of the Trustee pursuant to the terms and conditions of the Custodial Agreement. This Acknowledgment of Receipt is not divisible or negotiable. The Custodian will accept and act on instructions with respect to the Mortgage Loans subject hereto upon surrender of this Trust Receipt and Initial Certification at the office of the Subcustodian at Bank of New York Western Trust Company, 700 South Flower Street, Suite 200, Xxx Xxxxxxx, Xxxxxxxxxx 00000, Xxxxxxxxx: Xxxxxxxx Xxxxxx. Capitalized terms phrases used herein shall have the meaning ascribed respective meanings assigned to them in the Custodial above-captioned Pooling and Servicing Agreement. THE BANK OF NEW YORKCHASE MANHATTAN BANK, as Custodian Trustee By: ----------------------------- Name: Title: EXHIBIT G-2 FORM OF FINAL CERTIFICATION OF TRUSTEE FINAL CERTIFICATION OF TRUSTEE [date] Greenwich Capital Acceptance, Inc. 000 Xxxxxxxxx Xxxx Xxxxxxxxx, XX 00000 Fifth Third Mortgage Corporation ________________________________ ________________________________ Re: Pooling and Servicing Agreement dated as of December 1, 2000 among Greenwich Capital Acceptance, Inc., as Depositor, Fifth Third Mortgage Company, as Seller, Fifth Third Bank, as Servicer, and The Chase Manhattan Bank, as Trustee, Fifth Third Bank Mortgage Pass-Through Certificates, Series 2000-FTB1 Ladies and Gentlemen: In accordance with Section 2.02 of the above-captioned Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), the undersigned, as Trustee, hereby certifies that as to each Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or listed on the attached Document Exception Report) it has received:
(i) the original Mortgage Note, endorsed either on its face or by allonge attached thereto in the following form: "Pay to the order of The Chase Manhattan Bank, as Trustee under the Pooling and Servicing Agreement, dated as of December 1, 2000, Fifth Third Bank Mortgage Loan Trust 2000-FTB1, Mortgage Pass-Through Certificates, Series 2000-FTB1, without recourse", or with respect to any lost Mortgage Note, an original Lost Note Affidavit stating that the original mortgage note was lost, misplaced or destroyed, together with a copy of the related mortgage note;
(ii) except as provided below, the original Mortgage with evidence of recording thereon, and the original recorded power of attorney, if the Mortgage was executed pursuant to a power of attorney, with evidence of recording thereon or, if such Mortgage or power of attorney has been submitted for recording but has not been returned from the applicable public recording office, has been lost or is not otherwise available, a copy of such Mortgage or power of attorney, as the case may be, certified to be a true and complete copy of the original submitted for recording;
(iii) if the related Mortgaged Property is located in the State of Maryland, a copy (certified by the Seller to be a true and complete copy of the original) of an original Assignment of Mortgage completed to "The Chase Manhattan Bank, as Trustee" and, if the related Mortgaged Property is located in any other jurisdiction, an original Assignment of Mortgage in blank, in each case otherwise in form and substance acceptable for recording;
(iv) an original copy of any intervening Assignment of Mortgage showing a complete chain of assignments; and
(v) the original or a certified copy of lender's title insurance policy. Based on its review and examination and only as to the foregoing documents, (a) such documents appear regular on their face and related to such Mortgage Loan, and (b) the information set forth in items (i), (ii), (iii), (x) and (xi) of the definition of the "Mortgage Loan Schedule" in Section 1.01 of the Pooling and Servicing Agreement accurately reflects information set forth in the Mortgage File. The Trustee has made no independent examination of any documents contained in each Mortgage File beyond the review specifically required in the Pooling and Servicing Agreement. The Trustee makes no representations as to: (i) the validity, legality, sufficiency, enforceability or genuineness of any of the documents contained in each Mortgage File of any of the Mortgage Loans identified on the Mortgage Loan Schedule, or (ii) the collectibility, insurability, effectiveness or suitability of any such Mortgage Loan. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the Pooling and Servicing Agreement. THE CHASE MANHATTAN BANK, as Trustee By: ------------------------------------ Name: ---------------------------------- Title: --------------------------------- EXHIBIT G G-3 FORM OF RECEIPT OF MORTGAGE LOAN PURCHASE AGREEMENT G-1 ============================================================================== EXECUTION COPY J.P. MORGAN ACCEPTANCE CORPORATION X as Purchaser and CREDIT-BASED ASSET SERVICING AND SECURITIZATION LLC as Seller MORTGAGE LOAN PURCHASE AGREEMENT Fixed Rate and Adjustable Rate Mortgage Loans C-BASS NOTE Greenwich Capital Acceptance, Inc. 000 Xxxxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxxxxx 00000 Re: Fifth Third Bank Mortgage Loan AssetTrust 2000-Backed FTB1, Mortgage Pass-Through Certificates, 2004Series 2000-CB4 Dated FTB1 Ladies and Gentlemen: Pursuant to Section 2.01 of the Pooling and Servicing Agreement, dated as of June December 1, 2004 ============================================================================== TABLE 2000, among Greenwich Capital Acceptance, Inc., as Depositor, Fifth Third Mortgage Company, as Seller, Fifth Third Bank, as Servicer, and The Chase Manhattan Bank, as Trustee, we hereby acknowledge the receipt of the original Mortgage Note with respect to each Mortgage Loan listed on Exhibit 1, with any exceptions thereto listed on Exhibit 2. THE CHASE MANHATTAN BANK, as Trustee By: ------------------------------------ Name: Title: EXHIBIT H FORM OF CONTENTS Page ARTICLE ILOST NOTE AFFIDAVIT Personally appeared before me the undersigned authority to administer oaths, ______________________ who first being duly sworn deposes and says: Deponent is ______________________ of Fifth Third Mortgage Company (the "Seller") and who has personal knowledge of the facts set out in this affidavit. On ___________________, _________________________ did execute and deliver a promissory note in the principal amount of $__________. That said note has been misplaced or lost through causes unknown and is currently lost and unavailable after diligent search has been made. The Seller's records show that an amount of principal and interest on said note is still presently outstanding, due, and unpaid, and such Seller is still owner and holder in due course of said lost note. The Seller executes this Affidavit for the purpose of inducing The Chase Manhattan Bank, as trustee on behalf of Fifth Third Bank Mortgage Loan Trust 2000-FTB1, Mortgage Pass-Through Certificates, Series 2000-FTB1, to accept the transfer of the above described loan from the Seller. The Seller agrees to indemnify The Chase Manhattan Bank and Greenwich Capital Acceptance, Inc. and hold them harmless for any losses incurred by such parties resulting from the fact that the above described Note has been lost or misplaced. By: __________________________________ __________________________________ STATE OF ) ) ss: COUNTY OF ) On this ____ day of _______ 2000, before me, a Notary Public, in and for said County and State, appeared ________________________, who acknowledged the extension of the foregoing and who, having been duly sworn, states that any representations therein contained are true. Witness my hand and Notarial Seal this ____ day of _______ 2000. __________________________________ __________________________________ My commission expires _______________. EXHIBIT I FORM OF ERISA REPRESENTATION FOR ERISA RESTRICTED CERTIFICATES [date] Greenwich Capital Acceptance, Inc. 000 Xxxxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxxxxx 00000 The Chase Manhattan Bank 000 Xxxx 00xx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000-0000 Attention: Capital Markets Fiduciary Services Re: Fifth Third Bank Mortgage Loan Trust 2000-FTB1, Mortgage Pass-Through Certificates, Series 2000-FTB1 Ladies and Gentlemen:
1. The undersigned is the ______________________ of (the "Transferee") a [corporation duly organized] and existing under the laws of __________, on behalf of which he makes this affidavit.
2. The Transferee either (x)(1) is not an employee benefit plan subject to Section 406 or Section 407 of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), or a plan defined in Section 4975 of the Internal Revenue Code of 1986, as amended (the "Code"), the Trustee of any such plan or a person acting on behalf of any such plan or using the assets of any such plan or (2) if the Transferee is an insurance company, such Transferee is purchasing such Certificates with funds contained in an "Insurance Company General Account" (as such term is defined in Section v(e) of the Prohibited Transaction Class Exemption 95-60 ("PTCE 95-60")) and the purchase and holding of such Certificates are covered under Sections I and III of PTCE 95-60; or (y) shall deliver to the Trustee and the Depositor an opinion of counsel (a "Benefit Plan Opinion") satisfactory to the Trustee and the Depositor, and upon which the Trustee and the Depositor shall be entitled to rely, to the effect that the purchase or holding of such Certificate by the Transferee will not constitute or result in a prohibited transaction under Section 406 of ERISA or Section 4975 of the Code, will not result in the assets of the Trust Fund being deemed to be plan assets and subject to the prohibited transaction provisions of ERISA or the Code and will not subject the Trustee, the Servicer or the Depositor to any obligation in addition to those undertaken by such entities in the Pooling and Servicing Agreement, which opinion of counsel shall not be an expense of the Trustee or the Depositor.
3. The Transferee hereby acknowledges that under the terms of the Pooling and Servicing Agreement (the "Agreement") among Greenwich Capital Acceptance, Inc., as Depositor, Fifth Third Mortgage Company, as Seller, Fifth Third Bank, as Servicer, and The Chase Manhattan Bank, as Trustee, no transfer of the ERISA-Restricted Certificates shall be permitted to be made to any person unless the Depositor and Trustee have received a certificate from such transferee in the form hereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc)
Nonliquidation Reason. By: ------------------------------------- ------------------------- (authorized signer) Issuer: :_____________________ Address: :____________________ ____________________________ Date: :_______________________ Custodian The JPMorgan Chase Bank of New York Please acknowledge the execution of the above request by your signature and date below: -------------------------------- ------------------ Signature Date Documents returned to Custodian: -------------------------------- ------------------ Custodian Date EXHIBIT F-1 FORM OF TRUSTEE'S OR CUSTODIAN'S INITIAL CERTIFICATION SEE EXHIBIT 2A TO THE CUSTODIAL AGREEMENT EXHIBIT F-2 FORM OF TRUSTEE'S FINAL CERTIFICATION SEE EXHIBIT 2B TO THE CUSTODIAL AGREEMENT EXHIBIT F-3 FORM OF RECEIPT OF MORTGAGE NOTE [Bank of New York Letterhead] ACKNOWLEDGMENT OF RECEIPT July 7__________, 2004 U.S. Bank National Association20__ Asset Backed Funding Corporation 214 North Tryon Street Charlotte, as Trustee for CNorth Carolina 28255 Countrywide Home Loans Servicing LP 400 Countrywide Way, SV-BASS A Simi Valley, California 93065 Re: First Franklin Mortgage Loan Trust 2004-FF10, Asset-Backed Certificates, Series 2004-C43 60 Livingston Ave, EP-MN-WS3D St. Xxxx, Xxxxxxxxx 55101-2292 ReFF10 Ladies and Gentlemen: Custodial Agreement dated as of June 1, 2004 among U.S. Bank National AssociationThe undersigned, as Trustee, Litton Loan Servicing LPhereby certifies that, as Servicerexcept as noted on the schedule of exceptions attached hereto as Schedule A, and The Bank of New York, as Custodian Ladies and Gentlemen: In accordance with the provisions of Section 4 of the above-referenced Custodial Agreement, the undersigned, as the Custodian, hereby certifies as to each Mortgage Loan in listed on the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan listed on the attachment hereto) it has reviewed the Mortgage Files and has determined that (i) all documents required to be delivered to it has received pursuant to Section 2.01(a), (b), (c), (d) and (e) of the original Mortgage Note with respect Pooling and Servicing Agreement, dated as of October 1, 2004, among Asset Backed Funding Corporation, as depositor, Countrywide Home Loans Servicing LP, as servicer and the undersigned, as trustee (the "Agreement") are in its possession, and if indicated as applicable in a separate writing delivered to each Mortgage Loan identified the Trustee, that all documents delivered to it pursuant to Section 2.01(f) of the Agreement are in the Mortgage Loan Schedule attached hereto as Exhibit A and its possession; (ii) such Mortgage Note has documents have been reviewed by it and appears appear regular on its their face and relates related to such Mortgage Loan, (iii) each Mortgage Note has been endorsed as provided in Section 2.01(a) of the Agreement and each Mortgage has been assigned in accordance with Section 2.01(c) and (d) of the Agreement and (iv) based on its examination of the documents in the Mortgage File and only as to such documents, the Mortgage Loan information attached hereto as Schedule B set forth for each Mortgage Loan on the related Mortgage Loan Schedule with respect to such Mortgage Loan accurately reflects information set forth in the related Mortgage File. The Custodian Trustee makes no representations as to (i) the validity, legality, enforceability, sufficiency, due authorization or genuineness of any of the documents contained in each Custodial Mortgage File or of any of the Mortgage Loans or (ii) the collectability, insurability, effectiveness or suitability of any such Mortgage Loan. The Custodian hereby confirms that it is holding each such Mortgage Note as agent and bailee of, and custodian for the exclusive use and benefit, and subject to the sole direction of the Trustee pursuant to the terms and conditions of the Custodial Agreement. This Acknowledgment of Receipt Initial Certification is not divisible or negotiable. The Custodian Trustee will accept and act on instructions with respect to the Mortgage Loans subject hereto upon surrender of this Trust Receipt and Initial Certification at the its office of the Subcustodian at Bank of New York Western Trust Company, 700 South Flower 1111 Fannin Street, Suite 20012th Floor, Xxx XxxxxxxHouston, Xxxxxxxxxx 00000Texas 77002, XxxxxxxxxAttention: Xxxxxxxx XxxxxxManager - ABFC/FFMLT 2004-FF10. Capitalized terms used herein shall have the meaning ascribed to them in the Custodial Agreement. THE BANK OF NEW YORKJPMORGAN CHASE BANK, as Custodian Trustee By: ------------------------------------ EXHIBIT G FORM OF ------------------------------- Name: ----------------------------- Title: ---------------------------- SCHEDULE A - TO INITIAL CERTIFICATION EXCEPTIONS (ON FILE WITH TRUSTEE) SCHEDULE B - TO INITIAL CERTIFICATION MORTGAGE LOAN PURCHASE AGREEMENT G-1 ============================================================================== EXECUTION COPY J.P. MORGAN ACCEPTANCE CORPORATION X as Purchaser and CREDIT-BASED ASSET SERVICING AND SECURITIZATION LLC as Seller MORTGAGE LOAN PURCHASE AGREEMENT Fixed Rate and Adjustable Rate Mortgage Loans C-BASS Mortgage Loan Asset-Backed Certificates, 2004-CB4 Dated as of June 1, 2004 ============================================================================== TABLE OF CONTENTS Page ARTICLE IINFORMATION
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